Sec. 9-4.1905.  Mobile home park subdivisions.
   (a)   Mobile home park subdivisions shall be subject to all provisions of this Code, the State Subdivision Map Act, the applicable building regulations of Title 8 of this Code, and the subdivision provisions set forth in Chapter 3 of this title. Additionally, a mobile home park subdivision proposing an increase in the number mobile home spaces shall be subject to the standards, permits and requirements set forth in Sections 9-4.2001 through 9-4.2004 of Article 20 of this chapter.
   (b)   The scope of any hearing on whether to approve, conditionally approve or disapprove a tentative map for a mobile home park subdivision not involving an increase in the number of mobile home spaces shall be limited to the issue of the subdivision's compliance with Section 66427.5 of the Subdivision Map Act.
   (c)   Application Requirements. No application for a mobile home park subdivision shall be accepted as complete unless the application includes all of the information set forth below, in addition to such other information as the applicable entitlement application may otherwise require:
   (1)   An application for a tentative map or an application for map waiver where the tenants of the mobile home park propose to purchase the park pursuant to Section 66428.1 of the Subdivision Map Act;
   (2)   With respect to any proposal to increase the number of mobile home spaces, an application for a T-P-D permit, with all of the plans and information shown on the precise plan of design plot plan checklist required for submittal of R-P-D permits.
   (3)   Tenant/rent/sales price information:
   (i)   A certified list of the names and addresses of all tenants residing in the mobile home park and where applicable, non-resident mobile home owners, complete as of the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices;
   (ii)   Current rents for each mobile home space;
   (iii)   Approximate proposed price for which each mobile home space will be sold;
   (4)   The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners;
   (5)   Certification that the subdivider has offered each existing tenant the option to purchase his or her unit to be created by subdivision or continue as a tenant in accordance with Section 66427.5 (a) of the Subdivision Map Act. Certification shall consist of a letter signed by the subdivider certifying that the offer has been made and when the offer was made together with a copy of the written offer;
   (6)   The subdivider's report on the impact of the conversion to resident ownership status on the residents of the mobile home park prepared in accordance with Section 66427.5 (b) of the Subdivision Map Act;
   (7)   A report describing the results of the survey of support for the proposed conversion to resident ownership status among the residents of the mobile home park as required by Section 66427.5 (d) of the Subdivision Map Act;
   (8)   Three (3) copies of the proposed covenants, conditions, and restrictions which will apply to the development which include the following provisions:
   (i)   Provisions satisfactory to the City for the maintenance of the common areas and exteriors of all structures and walls of any such projects by the City in the event of default in the maintenance of such areas, including provisions for repair and for reimbursement to the City for any cost incurred thereby;
   (ii)   Provisions establishing the parking requirements for each mobile home and for guest parking. If the mobile home subdivision involves an increase in the number of mobile home spaces, the application shall include provisions establishing each individual unit owners exclusive right to the use of not less than two (2) specifically designated parking spaces for each unit;
   (iii)   Provisions prohibiting the outside storage of recreational vehicles, [and any other materials unless enclosed within separate storage areas]*;
   (iv)   Provisions establishing the precise nature of what constitutes a common area and what constitutes part of the ownership unit, including but not limited to an indication of whether the individual owner or the association will have the duty to maintain and/or replace wastewater laterals, utility meters, and vegetation within or around individual ownership areas;
   (v)   Provisions authorizing the City to review and approve amendments to the covenants, conditions, and restrictions for the development.
   (9)   Additional information as determined necessary by the Community Development Director.
   (d)   Special notice requirements.
   (1)   The subdivider shall make a copy of the report on the impact of the conversion to a mobile home subdivision on the residents of the mobile home park as described in Section 9-4.1905 (c) (6) available to each resident at least thirty (30) days prior to the hearing on the tentative map for the mobile home park subdivision in accordance with Section 66427.5 (c) of the Subdivision Map Act.
   (2)   In addition to other public hearing notice requirements, the City shall mail written public hearing notices on applications related to a mobile home park subdivision to all tenants residing within the affected mobile home park and all nonresident owners of mobile homes with the affected mobile home park.
   (e)   Required findings of fact. Prior to approving a mobile home park subdivision, the decision-making body shall find based on substantial evidence in the record that the proposed mobile home subdivision complies with California Government Code Section 66427.5, as more fully set forth herein. The findings required for a T-P-D permit or major modification thereto by this Code shall also be required if an increase in the number of mobile home spaces is proposed.
   (f)   Conditions of approval. Mobile home park subdivisions shall be subject to all of the following conditions, which shall be in addition to such other conditions as deemed necessary:
   (1)   As specified under Section 66427.5 of the Subdivision Map Act, the subdivider has offered each existing tenant the option of either buying or renting the proposed space where his or her mobile home is situated.
   (2)   With respect to the nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion (i.e. prior to subdivision) amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four (4)-year period.
   (3)   With respect to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four (4) years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period.
   [(4)   The subdivider shall provide a reasonable degree of on-site fire protection, as determined by the Ventura County Fire District. Such protection shall include, but not be limited to, water supply, fire hydrant location, and standpipes.]*
   (5)   Covenants, Conditions and Restrictions for the mobile home park subdivision shall be prepared and submitted to the Community Development Director and City Attorney for approval and shall be recorded prior to or concurrently with the final map.
   (6)   A survey of resident support has been conducted and the results filed with the Community Development Director in accordance with the requirements of Government Code Section 66427.5 and this chapter.
   (7)   A tenant impact report has been completed and filed with the Department in accordance with the requirements of Government Code Section 66427.5 and this chapter;
   (8)   The conversion to resident ownership is consistent with the General Plan and any applicable Specific or Area Plan;
   [(9)   The conversion is a bona fide resident conversion;]*
   (10)   Appropriate provision has been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure; and
   (11)   There are no conditions existing in the mobile home park that are detrimental to public health or safety, provided, however, that if any such conditions exist, the application for conversion may be approved if: (1) all of the findings are required under Subsections (a) through (e) are made and (2) the subdivider has instituted corrective measures adequate to ensure prompt and continuing protection of the health and safety of park residents and the general public.
   [(12)   For purposes of determining whether a proposed conversion is a bona fide resident conversion, the following criteria shall be used:
   (i)   In compliance with Government Code Section 66427.5 and with this chapter, the survey shows that more than fifty (50%) percent of owner occupied resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.
   (ii)   Where the survey of resident support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that at least twenty (20%) percent but not more than fifty (50%) percent of the owner occupied resident households support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the decision-maker, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time.
   (iii)   Where the survey of support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that less than twenty (20%) percent of residents support the conversion to resident ownership, the conversion shall be presumed not to be a bona fide resident conversion.
   (13)   The City's Rent Stabilization Board shall, in the first instance subject to appeal to the City Council, be charged with evaluating for certification certify that all of the foregoing conditions have been met, and that if more than twenty (20%) percent of the owner occupied residential households in the park support the conversion determining whether such conversion is a bona fide resident conversion.]*
(§ 4, Ord. 1459-NS, eff. April 21, 2006, as amended by § 3, Ord. 1503-NS, eff. August 14, 2008)
Editor's Note:
   *In Vallecito Mobile Estates, Ltd v. City of Thousand Oaks, Ventura County Superior Court Case No. 56-2008-00328552 (7-13-2009), a ruling was issued which invalidated the bracketed language found in the foregoing § 9-4.1905.